ARTICLE 3. Regional Park, Park and Open-Space, and Open-Space Districts [5500. - 5595.]

Heading of Article 3 amended by Stats. 1975, Ch. 813.

§§ 5500–5595 · 145 sections

§ 5500 As used in this article, the following definitions apply: (a) “District” means any regional park district, regional park and open-space district, or regional…
§ 5501 A district may be created pursuant to, and it may exercise the powers granted by, this article.
§ 5502 (a) Three or more cities, together with any parcel or parcels of city or county territory, whether in the same or different counties, may organize and…
§ 5503 Whenever it is desired to form a district, a petition requesting the creation and maintenance of a district, and describing the exterior boundaries of the…
§ 5503.5 (a) In lieu of a petition described in Section 5503, a proposal to form a new district may also be made by the adoption of a resolution of application by the…
§ 5504 A petition may consist of any number of separate instruments, all of which together shall constitute one petition. Each instrument shall contain the affidavit…
§ 5505 If the petition contains names of electors residing in a county other than the one having the largest area within the proposed district, and does not contain…
§ 5506 If the petition contains sufficient signatures of electors residing in the county having the largest area within the proposed district, but the petition…
§ 5506.3 (a) (1) The Legislature hereby finds and declares that the population of San Diego County continues to grow at an increasing rate, and already the county is…
§ 5506.4 (a) Proceedings for the formation of a district with boundaries coterminous with those of Napa County may be initiated by resolution of the Board of…
§ 5506.5 (a) If the exterior boundaries of a proposed district are coterminous with the exterior boundaries of the County of Marin or the County of Sonoma, proceedings…
§ 5506.6 The governing body of a district formed pursuant to Section 5506.5 may, by resolution, change the legal name of the district to the “Marin County Open Space…
§ 5506.7 (a) Proceedings for the formation of a district in Riverside County may be initiated by resolution of the Board of Supervisors of the County of Riverside, in…
§ 5506.8 (a) Proceedings for the formation of a regional park and open-space or regional open-space district in San Bernardino County may be initiated by resolution of…
§ 5506.9 (a) Proceedings for the formation of a regional park and open-space or regional open-space district with boundaries coterminous with those of Los Angeles…
§ 5506.10 (a) (1) The Legislature hereby finds and declares that the population of Sacramento County continues to grow at an increasing rate, and already the county is…
§ 5506.11 (a) A proceeding for the formation of a regional district in Santa Barbara County may be initiated by resolution of the Board of Supervisors of the County of…
§ 5506.12 (a) A proceeding for the formation of a regional district in Ventura County may be initiated by resolution of the Board of Supervisors of the County of…
§ 5506.13 (a) A proceeding for the formation of a regional district in the County of Solano may be initiated by resolution of the Board of Supervisors of the County of…
§ 5507 If the clerk’s certificate or certificates indicate that the petition has been properly signed, the board of supervisors of the county or counties not having…
§ 5508 Notice of the hearing, specifying the time and place, shall be published twice in a newspaper of general circulation in the county conducting the hearing. The…
§ 5509 The hearing may be continued from time to time, not exceeding four weeks in all. At the conclusion of the hearing the board of supervisors conducting it shall…
§ 5510 The board of supervisors of the county having the largest area within the proposed district shall then, by resolution, fix a time and place for a hearing upon…
§ 5511 Notice of the hearing, specifying the time and place, shall be published twice in a newspaper of general circulation in the county conducting the hearing. The…
§ 5512 The hearing may be continued from time to time, not exceeding four weeks in all. At the conclusion of the hearing, the board of supervisors conducting it shall…
§ 5512.5 (a) Except as provided in Section 5506.6, the question whether the district shall be named a regional park district, regional park and open-space district, or…
§ 5513 Where all the territory described in the petition is located entirely within one county, the board of supervisors of that county shall, after the petition has…
§ 5514 (a) The board of supervisors of the county having the largest area within the proposed district shall, if the petition, after the hearing, has been approved,…
§ 5515 Before calling the election the board of supervisors shall divide the proposed district into five or seven wards or subdistricts, the boundaries of which shall…
§ 5516 Upon establishing the wards the board of supervisors of the county shall give notice of an election to be held within the proposed district for the purpose of…
§ 5517 The notice shall be published once a week for at least three weeks before the day of the election in each municipality in the proposed district. If no…
§ 5517.1 Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail,…
§ 5517.2 The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled…
§ 5517.3 If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time…
§ 5517.4 The elections officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be…
§ 5518 The ballots for the election shall contain such instructions as are required by law, and in addition the following: Shall the (giving the name) district be…
§ 5519 The election, including the nomination and election of directors and all matters not otherwise provided for by this article, shall be held and conducted and…
§ 5520 The election returns shall be forwarded to the board of supervisors of the county having the largest area within the proposed district at the conclusion of the…
§ 5521 The board of supervisors shall also canvass the returns of the election with respect to the persons voted for as directors, and shall declare the persons…
§ 5522 A person is not entitled to serve as a director unless he is a resident and elector of the district as finally determined, and any vacancies on the board of…
§ 5523 The directors shall hold their respective offices only until the first Monday after the first day of January next following the first general election held at…
§ 5524 The board of supervisors of the county having the largest area within the district shall cause a certified copy of the order declaring the district created and…
§ 5525 The board of supervisors calling the election shall make all provisions for holding the election throughout the entire proposed district. The district shall…
§ 5526 No informality in any proceeding or in the conduct of the election, not substantially affecting adversely the legal rights of any person, shall be held to…
§ 5526.1 Any action or proceeding in a district formed pursuant to Section 5506.5, in Sonoma County, in which the validity of the imposition of any tax authorized by…
§ 5527 The government of each district shall be vested in a board of five or seven directors, one from each of the wards or subdistricts, together with the other…
§ 5527.1 (a) Notwithstanding Section 5527, the local agency formation commission, in approving either a consolidation of districts or the reorganization of two or more…
§ 5528 All elections and nominations of candidates for directors subsequent to the first shall be held and conducted in accordance with the general election laws of…
§ 5529 At least 10 days before the date fixed for the district election, notice of the election shall be given by publication once in one or more newspapers of…
§ 5530 The board of directors shall, in the notice, ordinance, or resolution calling an election, consolidate the district election with the election to be held at…
§ 5531 The election shall be held in all respects as if there were only one election, and only one ticket or ballot shall be used. Nomination papers shall be…
§ 5532 (a) Except as otherwise provided in this section and Section 5531, Chapter 1 (commencing with Section 8000) of Part 1 of Division 8 of the Elections Code shall…
§ 5533 Of the directors elected at the next general state election following the election at which the district is created, those three elected by the highest vote in…
§ 5533.5 Notwithstanding the provisions of Section 5533, with respect to any district formed after December 31, 1974, the board of directors shall at its first meeting…
§ 5533.7 (a) Notwithstanding Sections 5533 and 5533.5, with respect to a district formed pursuant to Section 5506.12 where the board of directors of the district is…
§ 5534 The board of directors may by resolution or ordinance fix the boundaries of the wards or subdistricts for the purpose of electing directors, after the first…
§ 5534.5 Notwithstanding any provision in this article to the contrary, the board may at any time by ordinance alter the existing boundaries of the wards or…
§ 5535 The board of directors shall choose one of its members president, and another vice president, who shall act for the president during his absence or disability.…
§ 5536 (a) The board shall establish rules for its proceedings. (b) The board may provide, by ordinance or resolution, that each of its members may receive an amount…
§ 5536.5 Members of the board of directors may be allowed actual necessary traveling and incidental expenses incurred in the performance of official business of the…
§ 5537 The board of directors is the legislative body of the district and shall determine all questions of policy.
§ 5538 (a) The board shall appoint a general manager, who shall be the chief administrative officer of the district. For appointed roles, the board shall fix their…
§ 5538.3 The officers and employees of the County of San Diego may act, ex officio, as officers and employees of the regional district formed pursuant to Section 5506.3…
§ 5538.4 If a district is created and established in Napa County, the district may contract with Napa County to furnish the services of the officers and employees of…
§ 5538.5 If the Board of Supervisors of the County of Marin acts as the governing body of a district pursuant to Section 5506.5, the respective officers of that county…
§ 5538.7 If a district is created and established in Riverside County, officers and employees of the County of Riverside may act, ex officio, as officers and employees…
§ 5538.8 If a regional district is created and established in San Bernardino County, the regional district may contract with the County of San Bernardino to furnish its…
§ 5538.9 If the regional district is created and established in Los Angeles County, officers and employees of the County of Los Angeles may act, ex officio, as officers…
§ 5538.10 The officers and employees of the County of Sacramento may act, ex officio, as officers and employees of the regional district formed pursuant to Section…
§ 5539 A district: (a) Has perpetual succession. (b) May sue and be sued, except as otherwise provided by law, in all actions and proceedings in all courts or…
§ 5539.3 (a) (1) The Legislature hereby finds and declares that the land acquisition, improvements, and services provided by the regional district formed pursuant to…
§ 5539.4 The formation of a district with boundaries coterminous with those of Napa County is not subject to the Cortese-Knox-Hertzberg Local Government Reorganization…
§ 5539.5 For purposes of open space, parkland acquisition, and development, all provisions of the Improvement Act of 1911 (Division 7 (commencing with Section 5000),…
§ 5539.7 (a) In addition to the authority conferred in Section 5539.5, all provisions of the Landscaping and Lighting Act of 1972 (Division 15 (commencing with Section…
§ 5539.8 (a) In addition to the authority conferred in Section 5539.5, all provisions of the Landscaping and Lighting Act of 1972 (Division 15 (commencing with Section…
§ 5539.9 (a) In addition to the authority conferred in Section 5539.5, the Landscaping and Lighting Act of 1972 (Part 2 (commencing with Section 22500) of Division 15…
§ 5539.10 (a)(1) The Legislature hereby finds and declares that the land acquisition, improvements, and services provided by the regional district formed pursuant to…
§ 5540 (a) A district may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and…
§ 5540.1 Notwithstanding Section 5540, the Midpeninsula Regional Open Space District shall not exercise the power of eminent domain to acquire any real property or any…
§ 5540.2 (a) The Legislature finds and declares as follows: (1) The sale of private watershed lands owned by the water company in the Upper Guadalupe watershed,…
§ 5540.5 (a) Notwithstanding Section 5540, a district, with the approval by a two-thirds vote of the members of its board of directors, may exchange real property or an…
§ 5540.6 Notwithstanding Section 5540, a district may, with the approval by a four-fifths vote of the board of directors, convey to another public agency any real…
§ 5541 A district may plan, adopt, lay out, plant, develop, and otherwise improve, extend, control, operate, and maintain a system of public parks, playgrounds, golf…
§ 5541.1 The East Bay Regional Park District may plan, adopt, lay out, plant, develop, and otherwise improve, extend, control, operate, and maintain vehicular…
§ 5541.2 The Riverside County Regional Park and Open-Space District may plan, acquire, preserve, protect, and otherwise improve, extend, control, operate, and maintain…
§ 5541.3 The district may develop, improve, operate, and maintain the real property conveyed pursuant to Section 5003.12 as a part of the Midpeninsula Regional Open…
§ 5542 A district may exercise the right of eminent domain to take any property necessary or convenient to accomplish the purposes of this article. A district may not…
§ 5542.5 (a) Notwithstanding any other provision of law to the contrary, and except as provided in subdivision (b), when property, whether owned in fee or lesser title…
§ 5543 A district may make contracts, employ labor, and do all acts necessary for the full exercise of its powers.
§ 5544 A district may borrow money, incur indebtedness, and issue bonds or other evidences of such indebtedness, but it shall not incur any funded indebtedness except…
§ 5544.1 Notwithstanding any other provisions of this article, the board may borrow money by the issuance of promissory notes or other evidences of indebtedness in an…
§ 5544.2 (a) A district may acquire all necessary and proper lands and facilities, or any portion thereof, by means of a plan to borrow money or by purchase on…
§ 5544.3 The district may, pursuant to Section 5544, borrow not to exceed one hundred thousand dollars ($100,000) to cover operating expenses between the time of…
§ 5545 It may levy and collect, or cause to be levied and collected, taxes to carry out any of its objects or purposes and to pay the obligations of the district.…
§ 5545.1 The board may submit a proposition to the electors of the district for an increase in the maximum rate of tax specified by Section 5545. The election shall be…
§ 5545.3 In the event the board of directors proposes to submit a special tax, as provided in Section 50077 of the Government Code, and a bond issue for approval by the…
§ 5545.6 Any tax imposed under Section 5545 by a district formed pursuant to Section 5506.5 shall be used exclusively for the acquisition of open-space, park, or…
§ 5546 A district may contribute money, in those amounts the board of directors, by resolution, finds to be proper, to the State Park and Recreation Commission or to…
§ 5547 The board of directors shall act only by ordinance, resolution, or a motion duly recorded in the minutes of the meeting. The ayes and noes shall be taken upon…
§ 5548 The president shall preside over all meetings of the board. He shall sign all contracts and conveyances on behalf of the district after they have been approved…
§ 5549 (a) The general manager has the following administrative and executive functions, powers, and duties. The general manager shall do all of the following: (1)…
§ 5550 (a) The Meyers-Milias-Brown Act, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code, applies to all districts. (b) A…
§ 5551 The secretary of the board, the administrative secretary, or the clerk, as the case may be, shall countersign and affix the seal to all contracts and…
§ 5552 The controller is the custodian of the funds of the district and shall make payments by check or by warrant drawn upon the district’s depositories for…
§ 5552.1 Notwithstanding Section 5552, the boards of directors of the Riverside County Regional Park and Open-Space District and the Sonoma County Agricultural…
§ 5553 The controller shall install and maintain a system of auditing and accounting, which will at all times show the financial condition of the district, and he…
§ 5553.5 All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
§ 5555 The directors of the district, before assuming the duties of their office, shall take and subscribe an official oath, and file it in the office of the board.…
§ 5556 The board may appoint, employ, or contract for the services of attorneys, consultants, advisers, and such other experts as they deem necessary, and shall…
§ 5557 The board shall have a suitable office in the district where its maps, plans, documents, records, and accounts shall be kept, subject at all reasonable times…
§ 5557.1 The board may authorize at any time the destruction or disposition of any duplicate record, paper, or document, the original or a permanent photographic…
§ 5557.2 A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.
§ 5558 (a) The board shall superintend, control, and make available to all of the inhabitants of the district, subject to its ordinances, rules, and regulations, all…
§ 5558.5 (a) By ordinance, a board of directors may declare that an encroachment onto district land constitutes a nuisance. (b) (1) Upon adopting an ordinance pursuant…
§ 5559 The board may adopt regulations, and it shall cause the regulations made by it to be posted upon park or other property of the district to which they apply,…
§ 5560 (a) Violation of an ordinance, rule, or regulation adopted pursuant to this article is a misdemeanor punishable by a fine not to exceed one thousand dollars…
§ 5560.1 In order to protect property, improvements, and facilities of parks under its management or belonging to the district and to preserve the peace within such…
§ 5560.5 (a) A district may enact in its ordinances clauses which provide that if any person is arrested for a violation of the ordinance, and such person is not…
§ 5560.6 A district may enact in its ordinances clauses which prohibit any person from willfully violating his written promise to appear in court regardless of the…
§ 5560.7 A district may further provide in its ordinance that when a person signs a written promise to appear at the time and place specified in the written promise to…
§ 5560.8 A district may enact the foregoing as a separate and distinct ordinance which shall apply to all or one or more of its ordinances.
§ 5561 The police appointed or employed by the board shall have, within the district for which they are appointed or employed, all the powers of police officers of…
§ 5561.5 The board may provide by resolution or regulation for the care, restitution, sale, or destruction of unclaimed property in the possession of the district. Any…
§ 5561.6 The district shall be primarily responsible for the prevention and suppression of all fires on any lands in its possession or control, excluding all lands of a…
§ 5562 The board may acquire, construct, improve, maintain, and operate golf courses, bathhouses, boathouses, tennis courts, gymnasiums, and other special amusements…
§ 5563 If, in the opinion of the board, any land or property owned by the district, or any interest therein, becomes unnecessary for the purposes of the district, the…
§ 5563.5 Notwithstanding Sections 5540 and 5563, the Board of Directors of the Midpeninsula Regional Open Space District may, and the Board of Directors of the East Bay…
§ 5564 (a) If it is necessary or advisable to acquire or construct any works, structures, or embankments, including nature-based and built, in order to protect the…
§ 5565 The legal title to all property acquired by the district under the provisions of this article shall immediately and by operation of law vest in the district,…
§ 5565.5 (a) With the consent of the board of directors of a district, an irrevocable offer of dedication of real property or any interest in real property for any of…
§ 5566 It is the intent of the Legislature to provide a district with authority to impose special taxes. A district may impose special taxes pursuant to the…
§ 5567 Every director and every other officer named in this article who is, in any manner interested, directly or indirectly, in any contract awarded, or to be…
§ 5568 For the purpose of acquiring, constructing, or completing any improvement or improvements authorized by this article, or for the purpose of acquiring any land…
§ 5569 For the purpose of paying all sums coming due for principal and interest on all bonds of the district, there shall be levied and collected each year a tax…
§ 5570 On or before the second Monday in August of each year, the county auditor of each county in which any portion of a district is located, shall transmit to the…
§ 5571 The board of supervisors of each county in which any part of the district is located, shall, at the time of making the general tax levy in each year, levy a…
§ 5572 The boundaries of any district may be altered and new contiguous territory annexed, incorporated, and included and made a part of the district.
§ 5572.1 Where the annexation of territory to a district would otherwise be valid, except that such annexed territory was not within the boundaries of a municipal…
§ 5580 (a) Notwithstanding Section 5594 or any other law, upon approval by the board of directors of the Midpeninsula Regional Open Space District, the design-build…
§ 5581 (a) Notwithstanding Section 5594 or any other law, upon approval by the board of directors of the East Bay Regional Park District, the design-build process…
§ 5590 The bonds of any district issued pursuant to this article, are legal investments for all trust funds, and for the funds of all insurance companies, banks, both…
§ 5591 All bonds issued under the provisions of this article shall have the same force, value, and use as bonds issued by any municipality in this State, and shall be…
§ 5593 All matters and things necessary for the proper administration of the affairs of districts which are not provided for in this article shall be provided for by…
§ 5594 All contracts for furnishing supplies, materials, labor, or other valuable consideration furnished the district, for maintenance projects involving contractor…
§ 5595 This article shall be liberally construed to promote its objects and to carry out its intents and purposes.